On July 10, 2008, after nearly a three week trial, a Syracuse jury awarded $5 million to a former United States Navy boiler technician living with mesothelioma. The verdict is believed to be the largest yet for a mesothelioma victim in upstate New York. Lipsitz, Ponterio & Comerford, LLC served as plaintiff’s co-counsel for the trial that focused on important legal issues concerning the defendant’s assertions of government and military blame.
The client was exposed to asbestos-containing insulation through the repair and maintenance of steam boilers, valves, pumps and other equipment onboard a Navy destroyer in the 1960’s. The Court soundly rejected Foster Wheeler’s attempts to shift responsibility onto the shoulders of the Navy. The jury found that Foster Wheeler had negligently failed to warn the plaintiff of the hazards associated with the operation, repair and maintenance of its product. The jury also found Foster Wheeler, the sole remaining defendant at trial, 31% responsible for the verdict .